Systémová podjatost
General Partiallity

Summary/Abstract: Person impartial decision-making is one of the important elements of a constitutionally protected right to a fair trial. In the Czech Republic often lead to situations where the matters of the municipality decided directly by its own employees. This is a result of the joint model of public administration, when the municipality besides self-government also performs state administration. Due to the economic and professional dependence of these employees, there are doubts about their impartiality. When these doubts apply to all employees, we are talking about their general (systemic) partiality. Just general partiality discussed in this article. This article analyzes the extensive decision-making practice of the Supreme Administrative Court and the Constitutional Court regarding general partiality and their conclusions assesses in terms of their constitutional conformity. Especially recent conclusions of the Supreme Administrative Court are very unpredictable a questionable. In this article the author points out their inaccuracy and brings own solution of problem of general partiality.

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